In the Matter of the Estate of the late Sinne Tamby Poothepillai.

In the Matter of the Estate of the late Sinne Tamby

Poothepillai.

D. C., Jaffna (Testamentary), 702.

 

Probate by foreign Court-How far it is binding on Courts in Ceylon-Civil Procedure Code, s. 533-Objections to application for probate-Framing of issues.

Although a District Court is not bound, as a matter of course, to follow the decision of a foreign Court as to grant of probate of the will of a deceased person, yet it will and ought to do so, unless good reason is shown to the contrary. Where probate has been granted by the foreign Court, it is bound to presume, in the absence of any evidence to the contrary, that the foreign Court satisfied itself that the will was the will of the testator, and had been duly executed.

In the case of an application for probate, before the Court frames issues as provided for in section 533 of the Civil Procedure Code, it must be satisfied that a primâ facie case against granting the application has been made out. It is not sufficient for the Court to be satisfied that somebody objects, or for somebody to get up and say that the will is a forgery: someth

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